Intellectual Property (IP) 101

Your ideas and innovations are exclusively your property. However, if you bring these ideas into the material world (a nod to Madonna’s song “Material Girl”), without protection, they risk being stolen or misused by others. This is the primary reason for registering your brand. But let’s take a step back to understand what constitutes a brand and what can be trademarked.

What is Intellectual Property (IP)?

This compound term refers to creations of the mind (hence, these ideas belong to you). It encompasses functional inventions, artistic works, literature, designs, symbols, names, and commercial identities, among others.

Intellectual Property can be legally protected to prevent unauthorized use. Without protection, there’s a risk that someone else might trademark your idea and claim ownership, even if they didn’t create it.

The World Intellectual Property Organization (WIPO):

In our heavily globalized world, the UN recognized the need for an organization to manage the creative rights of the global population. Established in 1967 and comprising 193 member states, WIPO, headquartered in Geneva, Switzerland, serves as the UN agency protecting innovators and creators worldwide. It ensures that their ideas travel safely to the market and improve lives everywhere.

What is a Patent?

“To register a patent” refers to a product or process that provides a new way of doing something. It can be either a completely new method or an enhancement of an existing process.

A patent is a title issued by the government, specifically by the Industrial Property Registry of the National Registry, granting exclusive rights to the owner or the entity that holds those rights.
In the application to register a patent, it needs to be proven that the patent offers sufficient innovation compared to existing processes or methods.

What is Copyright?

Copyright protects the creators of literary or artistic works. Examples include books like Harry Potter, TV series like Game of Thrones, music by The Beatles or Queen, films by Tarantino, paintings, sculptures, computer programs, databases, maps, technical drawings, and advertisements.

Registering these creations ensures recognition for the creator, allows them to profit from their work, and protects against unauthorized use or plagiarism.

Copyright also covers image rights of artists or public figures, and official merchandise derived from their work. From copyright, we can delve into understanding image rights of artists or public figures, as well as official merchandise associated with them.

However, we can explore this topic further in another article. (You may find related IP content or other subjects on our Resources Page.)

And What About Brands? Trademarks!

The process of registering a commercial brand is known as a Trademark. A Trademark is a distinctive sign capable of distinguishing the goods or services of one company from those of others. For example, brands recognized by “three stripes” or a “Swoosh”.

Trademarks protect the intellectual property of creators and grant exclusive use rights to the owner or authorized parties through licensing agreements.

Your Creations Matter!

You can safeguard your creations by registering them under one of the categories mentioned above, depending on what you’ve created. If you are interested in registering any intellectual property or have questions regarding this matter or any other related to business and corporate affairs, please contact me Felipe Esquivel at fec@quatro.legal.

I’ll be glad to assist you!

FELIPE ESQUIVEL C.
Paralegal – Corporate Law Department

Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to constitute legal advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations are subject to change. For the most accurate and up-to-date information, please contact our office directly. Some images may be AI generated.